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Hazardous Waste Management Regulatory Revisions

The State is mandated by ECL 27-0900 to adopt regulations that are at least as stringent as the United States Environmental Protection Agency's (EPA) hazardous waste regulations. The State is also required to adopt regulations that are at least as stringent as EPA's hazardous waste regulations because New York is authorized to administer the hazardous waste management program in lieu of the EPA. Because New York is an authorized state, DEC must evaluate the rules that EPA promulgates.

DEC is currently in the process of two separate hazardous waste management regulation (6 NYCRR Parts 370-374 and 376) rulemakings. The older of the two rulemakings, referred to as "FedReg6," contains certain federal rules promulgated since 2012 and several state-initiated changes. This rulemaking includes the Definition of Solid Waste Rule, the Hazardous Waste Generator Improvements Rule, the Airbags Rule, and the Hazardous Waste Pharmaceuticals Rule. The second rulemaking is the Revisions to the Universal Waste Rule rulemaking. This rulemaking will add waste aerosol cans, paint, and solar panels to New York State's Universal Waste Rule.

Proposed Hazardous Waste Management Regulations

No hazardous waste rulemakings have been recently proposed for adoption.

Revisions Under Consideration

Revisions to Federal Regulations from July 2013 through February 2019

Since 2012, the United States Environmental Protection Agency (EPA) has published some major regulation changes that DEC is considering adopting. DEC is seeking comments on potential revisions to the New York State hazardous waste management regulations to adopt the following EPA rules:

Revisions to the Universal Waste Rule

In addition to federal updates to the Universal Waste Rule, DEC is also considering adding other waste streams to the Universal Waste Rule as follows:

  • Aerosol cans - Increasing Recycling: Adding Aerosol Cans to the Universal Waste Regulations (2019)
  • Waste paint
  • Solar panels

For more information, see the Hazardous Waste Revisions Under Consideration webpage located in the menu on the left-hand side of this page.

Recently Adopted Hazardous Waste Management Regulations

DEC recently adopted the FedReg5 rulemaking package, which became effective April 19, 2020. The package contained certain federal changes from January 2002 through April 2015, including the federal Maximum Achievable Control Technology (MACT) Rules from 1999 to 2008 and state-initiated changes.

Submit Written Comments on These Regulatory Initiatives

DEC is interested in information, data, and comments about any issues or concerns with this regulatory initiative. Please submit all information, data, or comments by:

Email: HWRegs@dec.ny.gov (Include "Comments on Regulatory Initiatives" in the subject line of the email)

or

Mail:
Michelle Ching
NYSDEC
625 Broadway
Albany, NY 12233-7256


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